foreign operator’s permit (FOP) compliance round ... - BARSA · Mr Segwabe’s presentation...

FOREIGN OPERATOR’S PERMIT (FOP) COMPLIANCE ROUND TABLE DISCUSSION REPORT

FY 2017/18

Discussion Report and Outcomes of the FOP Roundtable Discussion Session held in August 2017

TABLE OF CONTENTS

A. BACKGROUND _______________________________________________________________________________________ 1

B. PURPOSE OF ENGAGEMENT _________________________________________________________________________ 2

C. ENGAGEMENT OBJECTIVES __________________________________________________________________________ 3

D. DISCUSSIONS: SUMMARY ___________________________________________________________________________ 4

E. SUMMARY OF DISCUSSION ITEMS __________________________________________________________________ 6

F. ACTION MATRIX ___________________________________________________________________________________ 12

FOP COMPLIANCE: ROUND TABLE DISCUSSION

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A. BACKGROUND

Foreign Operator Permits (FOPs) are issued by the International Air Services Council in terms of the International Air Services Act, 1993 (Act No. 60 of 1993). In terms of this Act, Air Services must at all times be operated in conformity with at least the minimum safety standards, as contained in the relevant Annexes to the Chicago Convention and in compliance with the applicable international conventions which have been implemented in the Republic of South Africa. The accountability for issuing FOPs rests with the Department of Transport, which houses both the Domestic and International Air Services Licensing Councils with support from the SACAA, towards ensuring compliance with the safety elements of flights.

In terms of Annex 6, Part 1, regarding surveillance over the operations of foreign operators, Chapter 4.2.2 states that - the operator shall meet and maintain the requirements established by the States in which the operations are conducted. South Africa’s Civil Aviation Regulations (CAR) Part 129, applies to Foreign Air Operators. CAR Part 129, subpart 3, specifies which documents are to be carried on board, including a Foreign Operator’s Permit (FOP). The FOP must also state all the type of aircraft authorised for use by the Operator.

In recent months, during ramp inspections conducted on foreign operators by SACAA inspectors, several operators were found to have contravened one or more of the above requirements. These non-compliances include, amongst others, operators flying into South Africa with no valid FOP, aircraft not reflecting in the FOP as required by law and other non-compliance issues. The Authority identified the need to engage the Foreign Operators and the Board of Airline Representatives of South Africa, together with other relevant stakeholders, to understand this increase in non-compliance by some Foreign Operators and to reiterate the importance of compliance with the South African Civil Aviation Regulations and Technical Standards, and ICAO Standards and Recommended Practices (SARPs).


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B. PURPOSE OF ENGAGEMENT

To discuss the role of all relevant stakeholders in FOP compliance

To explore the opportunity of working with the BARSA in ensuring compliance to the South African and International Civil Aviation legislation and Regulations, as well as ICAO SARPs

To curb non-compliance by Foreign Operators

To secure a commitment by BARSA and its members that all education, communication and relevant FOP compliance checks will be conducted prior to flight operations to South Africa.


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C. ENGAGEMENT OBJECTIVES

The purpose of the engagement was to address FOP non-compliance by some Foreign

Operators, seeking understanding of any challenges that may be hindering compliance and

finding a workable solution to ensure full and consistent compliance by FOP holders operating

to South Africa.

Round Table Discussion Objectives:

To pledge the Regulator’s commitment to partnering with operators in ensuring compliance in this process.

Inform and reiterate the relevant regulations and legislation relating to FOP Compliance

Promote engagement opportunities with BARSA and relevant stakeholders on FOP compliance processes

Understand the impact of FOP compliance on Diplomatic Relations

Follow up regarding any queries or concerns and summarise key themes in an engagement report.


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D. DISCUSSIONS: SUMMARY

The FOP Round Table discussion was held at the Midrand Conference Centre on 02 August 2017.

It was attended by BARSA, foreign operators, SACAA management, the Department of Transport

and the Department of International Relations and Cooperation (DIRCO). The full scope of the

FOP process was covered, from application to approvals, to create awareness and understanding

of the role that the DoT and SACAA play in ensuring minimum that safety standards as required

globally are understood and met. The presentations delivered also covered legal and legislative

imperatives, as drivers of FOP compliance.

The opening remarks were delivered by Ms Poppy Khoza, Director of Civil Aviation and

discussions were facilitated by Ms Mmanare Mamabolo, Executive: Legal and Aviation

Compliance from the SACAA. Presentations were delivered by Mr Vuwani Ndwamato, Director:

Air Transport from the Department of Transport and Mr Simon Segwabe, Executive: Aviation

Safety Operations from SACAA. Mr Ndwamato’s presentation highlighted the Department’s role

in the permit process and Mr Segwabe focused on the safety oversight responsibility of SACAA.

Various questions and concerns were raised throughout the discussion, with some recurring

themes being:

Turn-around times from the Department of Transport in the application, amendment

and approval process

Inefficiencies in the FOP application system that need to be addressed

The safety of passengers being paramount and SACAA’s ultimate responsibility to deliver

its mandate

Balancing safety with business requirements or imperatives

Questions and contributions from all attendees culminated into a set of workable solutions to

alleviate the burden being experienced by all stakeholders affected by the issue around FOP

compliance. These included:

Reviewing the current application process and re-routing of documents in the

application system

A commitment to not short-circuit the system, which could have consequences for safety

operations and which may have legal implications


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An effort to keep communication lines open for the sake of transparency and

accountability.

While the Department of International Relations and Cooperation (DIRCO) is not directly

involved in the operations of FOP approval process, the consequences of non-compliance and

gaps in the system ultimately led foreign operators to contact DIRCO officials for assistance with

delays in issuing permits. This was highlighted, and the various protocols around the

involvement of Embassies in operational matters were addressed by DIRCO officials.

The discussion was concluded with relevant action items to secure compliance, enabling

processes and cooperation.


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E. SUMMARY OF DISCUSSION ITEMS

1. OPENING SESSION

The session was opened by the Director of Civil Aviation, Ms Poppy Khoza. She thanked all in

attendance and offered her support for the initiative, which was to discuss issues experienced

regarding FOP compliance. She expressed concern regarding recent events but was pleased that

a call to action and robust conversation for a way forward was received favourably. She stated

that the growth of the aviation industry is important and that it needs to happen with the

minimum disruptions. She also thanked DIRCO for attending, and acknowledged their presence

noting that such discussions do not end with the primary players, but also affect secondary

stakeholders.

2. FOP REGULATION AND APPLICATION PROCESS – MR VUWANI NDWAMATO

Mr Ndwamato highlighted that SACAA and the DoT are guided by the Chicago Convention on

Civil Aviation under Articles 1, 6, 16, 29 and 33. They are also guided by the South African

relevant legislation such as the International Services Act, International Air Services Regulations

and the Bilateral Air Services Agreement. In order to apply for a Foreign Operator’s Permit,

operators are required to submit an application form (TV 2/297) accompanied by the relevant

certificates and licences as well as the SACAA checklist (CA 121-19). Other relevant requirements

that accompany the application were highlighted in the presentation.

All applications are currently being submitted to the DoT, where the assessment of the

documents is conducted. The application and other relevant documents are then sent to the

SACAA for safety assessment, with a recommendation submitted to the DoT. The Chairperson

of the International Air Services Council (IASC) considers the application, after which the FOP is

either approved or declined. The decision regarding the FOP application is communicated to the

applicant. Approved FOPs are forwarded to other state agencies for their information and

further action. Mr Ndwamato concluded by reiterating that application approvals are issued by


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the Department of Transport and not by an individual, and that Operators must be mindful of

the processes and decisions associated with Foreign Operator Permits.

3. SAFETY OVERSIGHT OF FOREIGN AIRCRAFT – MR SIMON SEGWABE

Mr Segwabe’s presentation indicated that the Civil Aviation Act, Act No 13 of 2009, applies to

all aircraft and personnel of those aircraft operating in the Republic of South Africa or over the

territorial waters thereof. Foreign operators are compelled to comply with Annex 6 Part I, as

well as Document 8335. The Civil Aviation Regulation, Part 129 and its subparts, also applies to

foreign operators and addresses safety, security, documentation and other requirements.

He further reported that the safety oversight process for FOPs is carried out through the

appointment of SACAA inspectors who are trained to assess foreign aircraft. Such inspectors are

then appointed as authorised officers, and lastly a SACAA checklist is completed. Upon a finding

being made regarding the status of an FOP inspection, various steps are taken immediately, such

as the following:

a) The operator will be notified

b) If the issue warrants it, the State of the Operator will be notified

c) A checklist selection is used to indicate the relevant action

d) The enforcement of the finding must take place.

Mr Segwabe communicated the various types of actions that could be taken by the inspector at

the end of the FOP inspection. These are classified as follows:

a) An observation could be provided

b) Information to the Pilot-in-Command

c) Information to the Authority and Operator

d) Restriction on the Aircraft Operator

e) Corrective action before the flight

f) Aircraft grounded by SACAA.

Mr Segwabe reiterated that SACAA is yet to ground an aircraft due to FOP non-compliance. In

all cases, the action taken was “Corrective action before flight”. He concluded the presentation

by assuring the Operators that the action taken is aligned to ensuring that the best interests of

aviation safety are served.


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4. ROUNDTABLE DISCUSSIONS

4.1 PERMIT TIME FRAMES

Ms Mamabolo opened the discussions and requested that Operators and SACAA put through

their relevant questions and clarity sought in all FOP compliance matters.

Operators expressed concern over the timeframes of permit applications and approvals. Mr

Ndwamato responded that seven days was the timeframe that the Department of Transport had

allowed themselves to process applications, while the law states that FOPs take a maximum of

90 days. However, there are exceptional circumstances, such as where an Operator has a large

aircraft fleet and/or where hearings may need to take place. He stated that this may increase

the amount of time required in the approval process. He added that DoT is currently reviewing

the legislation, and in the meantime, SACAA and DoT are working hard to ensure a more

streamlined process for permit applications and amendments.

The Director of Civil Aviation added that a dedicated function that looks at FOP applications will

be set up at SACAA to off-set some of the inefficiencies in the current system. This may include

re-routing of application documents to SACAA instead of DoT for evaluation or dual or

concurrent submissions to both entities to fast track the application process. Legally however,

the application forms still need to be sent to DoT. In addition, as a result of the large number of

documents required to fully assess permit applications, the process requires time. Ultimately,

DoT and SACAA need to establish timeframes for the delivery of documents as well as

communicating an outcome.

4.2 COMMUNICATION

It was expressed by some operators that poor communication from the DoT to operators

regarding queries relating to FOP applications and approvals has resulted in some operators

contacting their respective Embassies and other officials to seek interventions and assistance.

While the frustration is understandable, this course of action is not appropriate and operators

were urged to practise restraint in this regard. DIRCO echoed this by requesting operators to use

the proper channels and respect diplomatic communication protocol by contacting DoT for FOP


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queries and interventions or solutions, as there are national implications that need to be

recognized and considered. DIRCO expressed a willingness to become part of the solution, as

they recognise that it would take a collaborative approach to reach a state of a winnable

situation for all.

The DoT has made a commitment that queries will be dealt with and that resolutions will be

communicated timeously.

4.3 ENFORCEMENT ISSUES

When operators are found to have transgressed permit regulations, flights may be grounded or

operations restricted. Airlines have had their operations restricted and this has inconvenienced

passengers and has had financial implications for them. One of the recommendations from the

Operators was to request the Authority to issue fines and warnings to first-time offenders,

instead of restricting operations.

Mr Segwabe impressed on all that the intent of these measures is not to hinder operations,

however to ascertain that safety requirements are met. The safety of passengers is important

and the consequences of an accident occurring where an operator is not in possession of a

permit are severe, and could affect the airline, SACAA as well as the State.

It was reiterated that if airlines attempted to fly while their FOP application was still in the

system, this would still be a transgression. Operators were requested to rather finalise the

timeframes of the FOP applications with the DoT first. Operators were also requested to

consider the impact on their carrier insurance, should anything happen to their aircraft if the

permit has not been approved or issued.


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4.4 VALIDITY OF PERMITS

FOPs are valid as per the period determined by the Chairperson of the Licensing Council. If a

carrier has a “blanket FOP”, then the validity would be as stated on the FOP. A copy of the FOP

needs to be carried in the aircraft and is acceptable in hard or soft copy.

4.5 SUMMARY AND WAY FORWARD

Mr Reynhardt from DIRCO thanked DoT and SACAA for inviting them to the discussion and

mentioned that it had been a constructive and fruitful engagement. He reiterated the need to

follow protocol and relevant procedures in all FOP related matters.

Ms Messner from BARSA also expressed gratitude to DoT and SACAA for convening the Round

Table discussion, which they described as a fundamental intervention. She acknowledged the

need to identify common ground around safety and compliance. She requested that the

community meet, not just when there are issues to be raised, but on a regular basis to ensure

ongoing constructive engagement.

Mr Ndwamato from DoT thanked everyone in attendance and assured attendees that the

Department is committed to the growth and development of the aviation industry and to

improving aviation policy. He concluded that the Department remains supportive of all industry

initiatives and engagements.

5. CLOSING REMARKS

Ms Gwebu, Executive: Corporate Services at SACAA thanked everyone for the efforts at trying

to come up with workable solutions. She outlined that one of the strategic objectives at SACAA

was to improve stakeholder engagements and that there are other forums that are organised

by SACAA with members of the industry, for the sole purpose of engaging on strategic issues


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and material matters or challenges. The members of BARSA were encouraged to attend the

Industry Liaison Forum (ILF), which takes place quarterly. She also highlighted the recent

milestone recorded by South Africa in the ICAO USOAP CMA Safety Audit and re-iterated that

this was as the result of all stakeholders’ collaborative efforts and compliance to relevant

legislation and regulations.

The Round Table discussion was concluded by Ms Mamabolo who thanked all attendees for a

constructive engagement and declared the session closed.


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F. ACTION MATRIX

No ACTION RESPONSIBLE

1. Draft SLA between DoT and SACAA

regarding the application process for

FOPs

SACAA

2. Inform industry of related events

through the Industry Liaison Forum (ILF)

SACAA

3. Circulate the discussion report to

attendees through BARSA

SACAA

foreign operator’s permit (FOP) compliance round ... - BARSA · Mr Segwabe’s presentation...

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Transcript of foreign operator’s permit (FOP) compliance round ... - BARSA · Mr Segwabe’s presentation...